A number of women in Daikundi say they prefer informal arbitration over formal legal institutions to resolve their legal disputes.
A Salam Watandar interview with several women and legal experts in Daikundi shows that social and cultural restrictions, along with economic challenges, have led women to resort to informal or customary (tribal) arbitration to address their legal issues.
Mohammad Reza Mohammadi, a legal expert, says that the high cost and time-consuming nature of court proceedings, lack of awareness, and negative societal attitudes have driven women toward informal arbitration.
“Women should first have their issues addressed through mediators and tribal elders. If the matter is not resolved through these channels, they can file a case in judicial courts to defend their rights and ensure it is handled in accordance with Sharia law,” he says.
Sarwar Behzad, another legal expert, says that referring women to tribal councils to resolve legal disputes can help address family problems more quickly. According to him, “The advantage is that they can resolve their problems sooner; however, it is better to pursue cases through the court, as it is an official and reliable system.”
On the other hand, Qurban Hassani, a religious scholar in Daikundi, says that alongside informal arbitration, Islam recommends “Hakamiyat” (mediation) as a means of resolving family disputes.
“The purpose of arbitration between husband and wife is reconciliation, not blaming or opposing either side. The aim of the Quran is reform, peace, and restoring harmony within the family, not to take sides with either the husband or the wife. The purpose of arbitration is not to take sides,” he says.
Informal arbitration in Afghanistan refers to the process of resolving disputes through tribal elders, outside the formal court system and based on social customs and traditions.
Because this process lacks legal enforcement and a clear legal framework, the rights of the parties involved may not always be properly protected.
Meanwhile, several women in Daikundi say that going to court is associated with shame and stigma in their society and negatively affects their social standing and that of their families.
Roya, a 37-year-old resident of Daikundi’s who has been married for 10 years, says she has resorted to tribal councils four times to resolve her family problems. She adds,
“In the conditions we live in, this local method is better. If I had gone to court, the problem might have become worse, or my life could have been completely destroyed, possibly leading to divorce.”
Gulchehra, a 27-year-old woman, says fear of negative judgment from society has prevented her from going to formal institutions to pursue her family issues. She explains,
“If a woman goes to court in Daikundi, people speak badly about her. We have had family conflicts several times, and we went to the elders, who advised both sides; but sometimes the main problem is not resolved.”
Nazifa, a 28-year-old woman, resident of Daikundi, says that due to lack of access to courts and family restrictions, she has been unable to resolve her problems through official channels, which has prevented her from accessing her legal rights. She says,
“If I wanted to go to court, it was very far, and our house was in a district, so I could not go there. Regarding divorce, I suffered greatly from the other side; if I had gone to court, it would have had an impact.”
Informal arbitration is one of the common methods of dispute resolution, especially in remote areas of Afghanistan, and is mostly based on local customs and traditions.
Reporter: Shafiqa Mohammadi
